Chapter III: Fundamental Rights

Article 11
a) All persons are born equally free and independent and have certain natural, inherent and
inalienable rights, among which are the right of enjoying and defending life and liberty, of
pursuing and maintaining and security of the person and of acquiring, possessing and protecting
property, subject to such qualifications as provided for in this Constitution.
b) All persons, irrespective of ethnic background, race, sex, creed, place of origin or political
opinion, are entitled to the fundamental rights and freedoms of the individual, subject to such
qualifications as provided for in this Constitution.
c) All persons are equal before the law and are therefore entitled to the equal protection of the
law.

Article 12
No person shall be held in slavery or forced labor within the Republic, nor shall any citizen of
Liberia nor any person resident therein deal in slaves or subject any other person to forced labor,
debt bondage or peonage; but labor reasonably required in consequence of a court sentence or
order conforming to acceptable labor standards, service in the military, work or service which
forms part of normal civil obligations or service exacted in cases of emergency or calamity
threatening the life or well-being of the community shall not be deemed forced labor.

Article 13
a) Every person lawfully within the Republic shall have the right to move freely throughout Liberia,
to reside in any part thereof and to leave therefrom subject however to the safeguarding of public
security, public order, public health or morals or the rights and freedoms of others.
b) Every Liberian Citizen shall have the right to leave and to enter Liberia at any time. Liberian
citizens and non-Liberian residents may be extradited to foreign country for prosecution of a
criminal offense in accordance with the provisions of an extradition treaty or other reciprocal
international agreements in force. Non-Liberian residents may be expelled from the Republic of
Liberia for cause.

Article 14
All persons shall be entitled to freedom of thought, conscience and religion and no person shall
be hindered in the enjoyment thereof except as may be required by law to protect public safety,
order, health, or morals or the fundamental rights and freedoms of others. All persons who, in the
practice of their religion, conduct themselves peaceably, not obstructing others and conforming to
the standards set out herein, shall be entitled to the protection of the law. No religious
denomination or sect shall have any exclusive privilege or preference over any other, but all shall
be treated alike; and no religious tests shall be required for any civil or military office or for the
exercise of any civil right. Consistent with the principle of separation of religion and state, the
Republic shall establish no state religion.

Article 15
a) Every person shall have the right to freedom of expression, being fully responsible for the
abuse thereof. This right shall not be curtailed, restricted or enjoined by government save during
an emergency declared in accordance with this Constitution.
b) The right encompasses the right to hold opinions without interference and the right to
knowledge. It includes freedom of speech and of the press, academic freedom to receive and
impart knowledge and information and the right of libraries to make such knowledge available. It
includes non-interference with the use of the mail, telephone and telegraph. It likewise includes
the right to remain silent.
c) In pursuance of this right, there shall be no limitation on the public right to be informed about
the government and its functionaries.
d) Access to state owned media shall not be denied because of any disagreement with or dislike
of the ideas express. Denial of such access may be challenged in a court of competent
jurisdiction.
e) This freedom may be limited only by judicial action in proceedings grounded in defamation or
invasion of the rights of privacy and publicity or in the commercial aspect of expression in
deception, false advertising and copyright infringement.

Article 16
No person shall be subjected to interference with his privacy of person, family, home or
correspondence except by order of a court of competent jurisdiction.

Article 17
All persons, at all times, in an orderly and peaceable manner, shall have the right to assemble
and consult upon the common good, to instruct their representatives, to petition the Government
or other functionaries for the redress of grievances and to associate fully with others or refuse to
associate in political parties, trade unions and other organizations.

Article 18
All Liberian citizens shall have equal opportunity for work and employment regardless of sex,
creed, religion, ethnic background, place of origin or political affiliation, and all shall be entitled to
equal pay for equal work.

Article 19
No person other than members of the Armed Forces of Liberia or of the militia in active service
shall be subject to military law, or made to suffer any pains or penalties by virtue of that law, or be
tried by courts-martial.

Article 20
a) No person shall be deprived of life, liberty, security of the person, property, privilege or any
other right except as the outcome of a hearing judgment consistent with the provisions laid down
in this Constitution and in accordance with due process of law. Justice shall be done without sale,
denial or delay; and in all cases not arising in courts not of record, under courts-martial and upon
impeachment, the parties shall have the right to trial by jury.
b) The right of an appeal from a judgment, decree, decision or ruling of any court or
administrative board or agency, except the Supreme Court, shall be held inviolable. The
legislature shall prescribe rules and procedures for the easy, expeditious and inexpensive filing
and hearing of an appeal.

Article 21
a) No person shall be made subject to any law or punishment which was not in effect at the time
of commission of an offense, nor shall the Legislature enact any bill of attainder or ex post facto
law.
b) No person shall be subject to search or seizure of his person or property, whether on a criminal
charge or for any other purpose, unless upon warrant lawfully issued upon probable cause
supported by a solemn oath or affirmation, specifically identifying the person or place to be
searched and stating the object of the search; provided, however, that a search or seizure shall
be permissible without a search warrant where the arresting authorities act during the
commission of a crime or in hot pursuit of a person who has committed a crime.

c) Every person suspected or accused of committing a crime shall immediately upon arrest be
informed in detail of the charges, of the right to remain silent and of the fact that any statement
made could be used against him in a court of law. Such person shall be entitled to counsel at
every stage of the investigation and shall have the right not to be interrogated except in the
presence of counsel. Any admission or other statements made by the accused in the absence of
such counsel shall be deemed inadmissible as evidence in a court of law.

d) (i) All accused persons shall be bailable upon their personal recognizance or by sufficient
sureties, depending upon the gravity of the charge, unless charged for capital offenses or grave
offenses as defined by law.
(ii) Excessive bail shall not be required, nor excessive fines imposed, nor excessive punishment
inflicted.

e) No person charged, arrested, restricted, detained or otherwise held in confinement shall be
subject to torture or inhumane treatment; nor shall any person except military personnel, be kept
or confined in any military facility; nor shall any person be seized and kept among convicted
prisoners or treated as a convict, unless such person first shall have been convicted of a crime in
court of competent jurisdiction. The Legislature shall make it a criminal offense and provide for
appropriate penalties against any police or security officer, prosecutor, administrator or any other
public or security officer, prosecutor, administrator or any other public official acting in
contravention of this provision; and any person so damaged by the conduct of any such public
official shall have a civil remedy therefor, exclusive of any criminal penalties imposed.

f) Every person arrested or detained shall be formally charged and presented before a court of
competent jurisdiction within forty-eight hours. Should the court determine the existence of a
prima facie case against the accused, it shall issue a formal writ of arrest setting out the charge or
charges and shall provide for a speedy trial. There shall be no preventive detention.

g) The right to the writ of habeas corpus, being essential to the protection of human rights, shall
be guaranteed at all times, and any person arrested or detained and not presented to court within
the period specified may in consequence exercise this right.

h) No person shall be held to answer for a capital or infamous crime except in cases of
impeachment, cases arising in the Armed Forces and petty offenses, unless upon indictment by
Grand Jury; and in all such cases, the accused shall have the right to a speedy, public and
impartial trial by a jury of the vicinity, unless such person shall, with appropriate understanding,
expressly waive the right to a jury trial. In all criminal cases, the accused shall have the right to be
represented by counsel of his choice, to confront witnesses against him and to have compulsory
process for obtaining witnesses in his favor. He shall not be compelled to furnish evidence
against himself and he shall be presumed innocent until the contrary is proved beyond a
reasonable doubt. No person shall be subject to double jeopardy.

i) The right to counsel and the rights of counsel shall be inviolable. There shall be no interference
with the lawyer-client relationship. In all trials, hearings, interrogatories and other proceedings
where a person is accused of a criminal offense, the accused shall have the right to counsel of
his choice; and where the accused is unable to secure such representation, the Republic shall
make available legal aid services to ensure the protection of his rights.

There shall be absolute immunity from any government sanctions or interference in the
performance of legal services as a counselor or advocate; lawyers’ offices and homes shall not
be searched or papers examined or taken save pursuant to a search warrant and court order; and
no lawyer shall be prevented from or punished for providing legal services, regardless of the
charges against or the guilt of his client, no lawyer shall be barred from practice for political
reasons.

j) Any person who, upon conviction of a criminal offense, was deprived of the enjoyment of his
civil rights and liberties, shall have the same automatically restored upon serving the sentence
and satisfying any other penalty imposed, or upon an executive pardon.

Article 22
a) Every person shall have the right to own property alone as well as in association with others;
provided that only Liberian citizens shall have the right to own real property within the Republic.
b) Private property rights, however, shall not extend to any mineral resources on or beneath any
land or to any lands under the seas and waterways of the Republic. All mineral resources in and
under the seas and other waterways shall belong to the Republic and be used by and for the
entire Republic.

c) Non-citizen missionary, educational and other benevolent institutions shall have the right to
own property, as long as that property is used for the purposes for which acquired; property no
longer so used shall escheat to the Republic)

d) The Republic may, on the basis of reciprocity, convey to a foreign government property to be
used perpetually for its diplomatic activities. This land shall not be transferred or otherwise
conveyed to any other party or used for any other purpose, except upon the expressed
permission of the Government of Liberia. All property so conveyed may escheat to the Republic
in the event of a cessation of diplomatic relations.

Article 23
a) The property which a person possesses at the time of marriage or which may afterwards be
acquired as a result of one’s own labors shall not be held for or otherwise applied to the
liquidation of the debts or other obligations of the spouse, whether contracted before or after
marriage; nor shall the property which by law is to be secured to a man or a woman be alienated
or be controlled by that person’s spouse save by free and voluntary consent.
b) The Legislature shall enact laws to govern the devolution of estates and establish rights of
inheritance and descent for spouses of both statutory and customary marriages so as to give
adequate protection to surviving spouses and children of such marriages.

Article 24
a) While the inviolability of private property shall be guaranteed by the Republic, expropriation
may be authorized for the security of the nation in the event of armed conflict or where the public
health and safety are endangered or for any other public purposes, provided:
(i) that reasons for such expropriation are given;
(ii) that there is prompt payment of just compensation;
(iii) that such expropriation or the compensation offered may be challenged freely by the
owner of the property in a court of law with no penalty for having brought such action; and
(iv) that when property taken for public use ceases to be so used, the Republic shall accord the
former owner or those entitled to the property through such owner, the right of first refusal to
reacquire the property.

b) All real property held by a person whose certificate of naturalization has been cancelled shall
escheat to the Republic unless such person shall have a spouse and/or lineal heirs who are
Liberian citizens, in which case the real property shall be transferred to them in accordance with
the intestacy law.

c) The power of the Legislature to provide punishment for treason or other crimes shall not
include a deprivation or forfeiture of the right of inheritance, although its enjoyment by the
convicted person shall be postponed during a term of imprisonment judicially imposed; provided
that if the convicted person has minor children and a spouse, the spouse or next of kin in the
order of priority shall administer the same. No punishment shall preclude the inheritance,
enjoyment or forfeiture by others entitled thereto of any property which the convicted person at
the time of conviction or subsequent thereto may have possessed.

Article 25
Obligation of contract shall be guaranteed by the Republic and no laws shall be passed which
might impair this right.

Article 26
Where any person or any association alleges that any of the rights granted under this Constitution
or any legislation or directives are constitutionally contravened, that person or association may
invoke the privilege and benefit of court direction, order or writ, including a judgment of
unconstitutionality; and anyone injured by an act of the Government or any person acting under
its authority, whether in property, contract, tort or otherwise, shall have the right to bring suit for
appropriate redress. All such suits brought against the Government shall originate in a Claims
Court; appeals from judgment of the Claims Court shall lie directly to the Supreme Court.